Subdivision Ordinance - Guarantee of Performance

A final plat shall not be released by the City unless the following supporting documents and fees have been submitted to the City.

Sec. 90-7.1 PLANS, REPORTS AND STUDIES

	Mylar	Paper	CD-ROM CD R/W Format
Improvement Plans	0 sets	4 sets	.dgn and .dwg AutoCad release 2000 or later
Specifications		2 sets	Word ’98 or later
Final Plat	0 sets	6 sets	.dgn and .dwg AutoCad release 2000 or later
Studies		2 sets	Word 98 or later
Reports		2 sets	Word 98 or later
Engineer’s Opinion of Probable Construction Costs		2 sets	Word 98 or later

Sec. 90-7.2 SUBDIVISION SECURITY

A form of security in a form acceptable to the City. If an irrevocable letter of credit is furnished, it shall be in substantially the following form:

IRREVOCABLE LETTER OF CREDIT
BANK: _______________________	DATE: ______________ DEVELOPMENT NAME_______________________ UNIT NO.______________
TO: City of Ottawa 301 W. Madison Ottawa, IL 61350 ATTN: City Clerk
Dear City Clerk:
	NAME OF BANK BY: _______________________ Its President ATTEST BY: ________________________

If a subdivision bond is furnished, it shall be in substantially the following form:

SUBDIVISION BOND
SURETY COMPANY: ________________________	DATE: ______________ DEVELOPMENT NAME_______________________ UNIT NO.______________
TO: City of Ottawa 301 W. Madison Ottawa, IL 61350 ATTN: City Clerk
Dear City Clerk: The undersigned Surety Company of _______________________by and through________________________________(name and title) its duly authorized agent and representative, hereby issues to the City of Ottawa this Subdivision Bond in the amount of $_____________________, which such credit may be drawn by said City at sight on us. Demands on said Subdivision Bond must be accompanied by the certificate of the City Clerk of the City of Ottawa certifying either: (1) that said Subdivision Bond is about to expire and has not been renewed; or (2) that work has not been completed in accordance with the plans, specifications and agreements (including any amendments thereof) for the following project: We hereby open our Subdivision Bond in your favor for the account of________________________________________________________________ (hereinafter referred to as “Developer”). The undersigned shall notify the City Clerk, by certified mail, return receipt requested, at least ninety days prior to expiration that said Subdivision Bond is about to expire. In no event shall this Subdivision Bond or the obligations contained herein expire except upon said prior written notice, it being expressly agreed by the undersigned that the above expiration date shall be extended as shall be required to comply with this notice provision. The undersigned further agrees that this Subdivision Bond shall remain in full force and effect and pertain to any and all amendments or modifications which may be made from time to time to the plans, specifications and agreements for the Project, without notice from said City of such amendments or modifications. Such improvements must be installed in accordance with the ordinances of the City of Ottawa, the final plat and specifications, and be approved by the City Engineer and approved by the City Council of the City of Ottawa. All acts, requirements and other preconditions for the issuance of this Subdivision Bond have been completed. The Surety Company____________________________ hereby undertakes and engages that all demands made in conformity with this Subdivision Bond will be duly honored immediately upon presentation. If, within 5 days of the date any demand (made in conformity with this Subdivision Bond) is presented, we fail to honor same; we agree to pay all attorney fees, court costs and any other expenses incurred by the City of Ottawa Illinois in enforcing any of the terms of this Subdivision Bond. This Subdivision Bond is subject to the City of Ottawa executing the final plat of the above-specified development which has been approved by the City of Ottawa, an unsigned copy of said plat of subdivision is attached hereto. The consideration for this Subdivision Bond is provided by agreements between this financial institution and the developer. The undersigned are officers of this financial institution and they are duly authorized by the Board of Directors to execute this Subdivision Bond.
	NAME OF BANK BY: _______________________ Its President ATTEST BY: ________________________ title _________________

The below stated procedures shall be followed for:

Sec. 90-7.2-B. Initialization of Security Amounts

1. Three (3) sets of full and final calculations for establishment of security amount shall be submitted to the City Engineer no less that ten (10) working days prior to Council consideration of the Final Plat.

2. Calculations shall be in bid format, and shall show individual items, quantities, unit prices, extensions, and total of Phase I and Phase II and Phase III improvements. See subdivision standards 1200 A - 1200 F.

3. Subdivision security shall be 125% of the value of improvements.

4. No more than three (3) Letters of Credit (Phase I, Phase
I and Phase III) shall be submitted for any final plat.

PHASE I - IMPROVEMENTS

- Erosion Control
- Excavation
- Storm Water detention facility including restoration, riparian vegetation, riprap, trees.
- Watermain and appurtenances
- Sanitary sewer including forcemains, lift and pump stations and generators and appurtenances.
- Storm sewer and appurtenances.
- 18 Month Maintenance Period after all improvements are made.

PHASE II - IMPROVEMENTS

- Curb and Gutter
- Subbase treatment
- Base course
- Binder course or PCC pavement
- Street signs
- Street Lights
- Traffic control
- Traffic signals
- Culverts and bridges
- Maintenance Period extends to completion of Phase III Maintenance Period.

PHASE III -IMPROVEMENTS

- Bikepaths
- Surface course
- Sidewalks
- Parkway Restoration - grading, seeding and trees
- Pavement Striping
- Tree Plantings
-Maintenance Period 12 Months

Sec. 90-7.C REDUCTION OF SECURITY AMOUNTS

1. Reductions can be made only after an entire phase is completed.

2. Reductions shall be submitted to the City Engineer no less than sixty (60) working days prior to Council consideration of the reduction. Reductions requested during the winter season may be delayed for Council consideration if the punchlist cannot be completed.

3. Periodic reduction requests shall be accompanied by an itemized listing of completed and uncompleted work in the same format as Sec. 90-7.2-B. Requests made for Phase I improvements shall be accompanied by the following documents which shall be submitted to the City Engineer:

- Video tapes and logs of all sanitary sewer lines.
- Phase I As-built drawings as follows in conformance with the Ottawa Standards and Specifications for Improvements.
-Phase II As-built drawings as follows in conformance with the Ottawa Standards and Specifications for Improvements.
- 3 sets paper @ 11” x 17” size
- 2 sets CAD, both .dgn and .dwg Release 2000 or later CD R/W Format

4. Requests made for Phase 2 improvements shall be accompanied by the following documents which shall be submitted to the City Engineer:
- 3 sets paper @ 11” x 17” size
- 2 sets CAD, both .dgn and .dwg Release 2000 or later CD R/W Format

5. Punch lists of noted deficiencies shall be submitted to the Applicant, no more than thirty (30) working days following receipt of the request for reduction.

6. Repairs required by the punchlist shall be completed by the Applicant, and witnessed by the City no less than ten (10) working days prior to Council consideration.

7. Final recommendation of acceptance or declination of acceptance shall be submitted to the Applicant, no less than eight (8) working days prior to Council consideration of the acceptance.

8. All reduced security amounts shall be calculated as follows:
Value of Uncompleted Work
+Value of Punchlist Items (deficiency corrections)
+10% (maintenance amount) of the Original Security
= Total Value of Security Required

9. No letter of credit shall be reduced to less than 10% of initial value or $25,000, whichever is greater before the completed improvements are accepted by the City of Ottawa.

10. No letter of credit shall be reduced prior to the submittal of as-built drawings

Sec. 90-7.2-D ACCEPTANCE OF PUBLIC IMPROVEMENTS

1. Application for acceptance of public improvements shall be submitted to the City Engineer no less than ninety (90) working days prior to Council consideration of the acceptance. Acceptance during the winter season may be delayed for Council consideration if the punchlist can not be completed.

2. Punch lists of noted deficiencies shall be submitted by the City Engineer and to the Applicant no less than thirty (30) working days prior to Council consideration of the acceptance.

3. Repairs required by the punchlist shall be completed by the Applicant, and witnessed by the City no less than ten (10) working days prior to Council consideration.

4. Final recommendation of acceptance or declination of acceptance shall be submitted by the City Engineer and to the Applicant no less than eight (8) working days prior to Council consideration of the acceptance.

Sec. 90-7.2-E EXPIRATION OF SECURITY

1. Security shall not expire without ninety (90) working days prior notification by the Applicant or Surety, nor without written City approval of the expiration.

2. The City Engineer shall review the work and submit a punch list if necessary to the Applicant prior to the scheduled expiration date.

3. Repairs required by the punchlist shall be completed by the Applicant, and witnessed by the City no less than ten (10) working days prior to Council consideration.

4. Final recommendation of acceptance or declination of acceptance shall be submitted by the City Engineer to the Applicant no less than eight (8) working days prior to Council consideration of the acceptance.

Sec. 90-7.3 OTHER REQUIREMENTS

A. Plats of dedication; or easements if required.

B. Sewer and Water connection fees.

C. IEPA, IDOT, LCHD, ICCHD permits if required.

D. All recapture fees if required.

E. Any and all fees required by annexation agreement, City ordinances, resolutions, or motions if required.